Susan Gross Sholinsky, a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in Law360, in “How to Tell an Employee ‘You Smell’ and Not Get Sued,” by Braden Campbell. (Read the full version – subscription required.)
Following is an excerpt:
Take the classic example of an employee whose clothing choices don't align with the dress code. In such a situation, Epstein Becker Green partner Susan Gross Sholinsky recommends that the person in the meeting be of the same gender as the employee to avoid a sex discrimination claim. And when the issue is a potentially embarrassing one, such as poor bathroom habits, it's best that the person doing the talking — a supervisor, not a colleague — has not had a previous conflict with the employee.
"It's really important who you pick to talk to people about these things, and that's going to differ depending on the size of the organization, the personalities of the people in the organization," Sholinsky said. "To me, that's almost the most important part of this whole scenario."